Dividing Employee vs. Employer Contributions
Most 401(k) accounts include two types of contributions:
- Employee Contributions: Funds the employee put away from their paycheck. These are always 100% vested and divisible in a QDRO.
- Employer Contributions: Matching or profit-sharing amounts made by the company. These may have a vesting schedule, meaning not all of them are owned by the employee at the time of divorce.
When drafting a QDRO for the Elliotts on Congress LLC 401(k) Plan, it’s crucial to account for the vesting schedule. If the participant isn’t fully vested, some of their employer contributions may be forfeited if they leave the company. A good QDRO can specify how to handle those amounts fairly—whether to include them or not.

